What's happening
This bill requires county medical examiners and coroners to submit DNA samples of unidentified deceased persons for identification and comparison purposes.
Why it matters
Improves identification of unidentified deceased persons. by requiring DNA samples, not just fingerprints and descriptions, making it more likely to match remains with missing persons or family members, especially in cases where fingerprints are not available.
Facilitates cooperation and data sharing. among local, state, and national agencies by mandating submission to the New York State Police Forensic Laboratory, the National Missing and Unidentified Persons System, and potentially the National Crime Information Center, streamlining the process for cross-jurisdictional identification.
Expands legal safeguards and privacy protections. by explicitly subjecting all DNA records, findings, and reports to existing laws regarding the handling, privacy, and permissible uses of DNA data, aiming to prevent misuse and protect sensitive information.
May provide closure for families of missing persons. by increasing the chances of identification and notification, addressing long-standing cases and reducing the number of unidentified remains in state custody.
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Who cares
Headline styles
Share DNA of Unidentified Persons
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3616
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. GUNTHER, GALEF, AUBRY, COOK, COLTON, MOSLEY, MONTESANO, McDONOUGH -- Multi-Sponsored by -- M. of A. ABBATE, HAWLEY, PERRY, RIVERA, SCHIMMINGER -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the classification procedure and use of DNA samples to identify unidentified dead and missing persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 838 of the executive law, as amended by chapter 153 of the laws of 2016, is amended to read as follows:
1. Every county medical examiner and coroner shall promptly furnish the division and the National Missing and Unidentified Persons System created by the Office of Justice Program's National Institute of Justice, with copies of fingerprints on standardized eight inch by eight inch fingerprint cards or the equivalent digital image, shall furnish the New York state police forensic laboratory promptly with DNA samples of deceased persons or unidentified body parts, for the purpose of classification, which samples shall then be forwarded by the state police forensic laboratory to the division for the purpose of comparison and filing, and shall furnish the division promptly with personal descriptions and other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner or coroner where the deceased is not identified or the medical examiner or coroner is not satisfied with the decedent's identification. The division shall promptly make available personal descriptions and other identifying data, including date and place of death, of such deceased persons to all law enforcement agencies in the state, and upon request, to law enforcement agencies outside of the state. The division shall forward such records regarding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00419-01-9
A. 3616 2
such deceased persons or unidentified body parts to the National Crime Information Center upon such center adopting a policy to accept such records.
§ 2. Subdivision 4 of section 838 of the executive law, as added by chapter 670 of the laws of 1982, is amended to read as follows:
4. The division shall compare the fingerprints and DNA samples received from the county medical examiners or coroners to fingerprints and DNA band patterns on file with the division for purposes of attempting to determine the identity of the deceased. Other descriptive data supplied with the fingerprints shall also be compared to records maintained by the division concerning missing persons. The division shall submit the results of the comparisons to the appropriate medical examiner or coroner and if a tentative or positive identification is made, to the law enforcement authority which submitted the report of the missing person.
§ 3. Section 995-d of the executive law is amended by adding a new subdivision 3 to read as follows:
3. All records, findings, reports and results of DNA testing performed pursuant to subdivision one or four of section eight hundred thirtyeight of this chapter shall be subject to the provisions of this section, and shall be treated in a manner consistent with subdivisions five, six, seven and eight of section nine hundred ninety-five-c of this article.
§ 4. This act shall take effect on the first of the calendar month next succeeding the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.